Terms of Service
Last Updated: 2nd November 2021
1. Our relationship with you
Welcome to Clearpay! Our full name is Clearpay Finance Limited, and our company number is 05198026. We have a registered office at 22 Long Acre, Covent Garden, London, WC2E 9LY.
These terms and conditions apply to you when:
· you ask us to finance your purchase of goods or services offered by our retailers (this is an “Order”); and
· we provide you with a credit plan which sets out the rules of us providing you finance under each Order (this is a “Clearpay Plan”).
It’s important to note that other terms may also apply when using our services. These include:
· Website Terms: These terms set out how to use our website, App and interact with any social media.
· Product Terms: Other terms may apply when you use other services offered by us, for example, when you use Pulse Rewards.
Together these documents form a legal agreement between you and us and we will collectively call them the “agreement” throughout this document.
Changing these terms and conditions
You can find out more information about how we change these terms and conditions in clause 28 below. We may update our terms from time to time so please check-in regularly.
If you want more information on our services or can’t find what you are looking for in the agreement, you might find it useful to read the Clearpay FAQ. However, please note that these are for information purposes only and do not form part of our agreement with you.
If there is something you don’t understand in the agreement, please get in touch with Clearpay. If there is something you don’t agree with, unfortunately we won’t be able to provide you with a Clearpay Plan.
Important to know!
Using us to pay for goods or services in instalments is a form of interest free credit. It’s important that you pay us on time otherwise you may incur late payment fees. You can read more about this at clause 17 below.
1. What is Clearpay?
We are a ‘buy now pay later’ company that allows you to buy goods or services offered by our retailers online or in stores including overseas retailers in countries approved by us. Our list of retailers is on our website.
We provide services to you mainly through our website and app although we do provide our services in other ways. For example, when you make purchases in retailers’ stores, you use our virtual Clearpay Card added to a digital wallet such as Apple Pay or Google Pay. You can find out more information below on how our Clearpay Card works.
By entering a Clearpay Plan, you instruct us to pay the retailer in exchange for you repaying to us the agreed amounts on the dates set out in your payment schedule in each Clearpay Plan. The amounts will include the cost of the goods or services, shipping costs and any taxes or amounts charged by a retailer. Each Clearpay Plan is a separate short-term fixed sum loan agreement where we lend you a fixed amount of credit to allow you to pay for your purchase over 4 instalments due every 2 weeks under the payment schedule for each Order.
2. How do I open an account?
To place Orders and enter Clearpay Plans, you must register with us for an account.
You can create an account by visiting our website or we can create an account for you when you place your first Order. When your account is set up, you’ll choose a payment method for the instalment payments (e.g., credit or debit or other payment card or method accepted by us such as Apple Pay).
Our services are for your personal non-business use, and you are limited to opening one account (if we’ve closed your account, you’ll be prevented from creating a new one).
3. Keeping your account safe and secure
When your account is created, you will be asked to set up a username and secure password. You can then access your account through our website or app. You need to keep your security details, account, and our Clearpay Card safe and secure. This means you shouldn’t share your security details with anyone, and you should be careful when writing your security details down so that other people cannot see or access your security details. You should also log out of your account on your electronic device when you have finished using your account.
We are not responsible for any unauthorised use or access of your account unless we have failed to take reasonable steps to prevent such unauthorised use or access. You must contact us immediately if you notice any unauthorised access or use of your account.
4. How to use your account?
There are certain things you must do and not do when having an account with us. For example:
act responsibly when using us to buy goods or services;pay your instalment payments on time;provide to us your identity documents when reasonably requested by us;keep your contact details accurate and up to date;help us to investigate any illegal or unapproved activity on your account;don’t provide us with any false, inaccurate or misleading information;don’t use your account for illegal purposes (such as fraud) or activities that are not approved by us;don’t allow other people to use your account, the Clearpay Card in your digital wallet or access your security details;don’t open or use more than one Clearpay account; anddon’t do anything to harm our systems or prevent us from providing our services.
5. What happens if something goes wrong with my account or the services?
We’ll try our best to make sure that our services and your account are available and accessible at a reasonable speed, however we can’t promise that this will always be the case, or our services will always be free from problems. If there are problems with our services or your account, we’ll work to solve any problems as soon as possible. We’re not responsible for your losses if our services or your account are unavailable or inaccessible.
6. How do I close my account?
Please contact us if you want to close your account. We’ll help you but before we close your account, you’ll need to pay us all amounts you owe us under a Clearpay Plan (including late fees) immediately. We’ll also need to make sure that all complaints or refunds owed to you have been sorted.
7. When can you suspend or close my account?
We may suspend or close your account if we have good reasons. Good reasons include:
· to protect our systems, technology and services from harm;
· to prevent illegal activity such as fraud;
· to reduce the risk of money laundering or terrorist financing;
· to protect us from legal or regulatory risks or non-payment risk by you;
· if you break our agreement in a serious or persistent way including by not making payment on the instalment due dates or giving us false or inaccurate information;
· if we think any Order or your behaviour is suspicious;
· if you use our services for purposes or activities that are not approved by us;
· if you do not pass our identity or pre-authorisation checks; or
· if we have to under any law, regulation, court order or instructions from a regulatory authority.
We’ll use our best efforts to provide written notice to you before closing your account except where notifying you would harm any investigation by us or a regulatory authority. Where we close your account, you’ll need to pay us all amounts you owe us under a Clearpay Plan (including late fees) immediately.
8. What happens after my account is closed?
Where your account has been closed for any reason, yours and our obligations under these terms and conditions will continue until all Orders and Clearpay Plans entered before account closure are completed and all complaints and refunds are sorted. Closing your account will also end any other agreements you have with us.
ORDERS, PAYMENTS AND BILLING
9. How do I place an order?
You need to choose the goods or services you want to buy from a retailer online and follow the retailer’s instructions to arrange for your Order to be placed with us.
You can place Orders using the Clearpay Card from retailers who offer Clearpay in stores. The Clearpay Card is a virtual card, added to a digital wallet, such as Apple Pay or Google Pay that you are authorised to use by Clearpay when shopping in stores with our retailers.
To use the Clearpay Card, you need to first download the Clearpay app and add the Clearpay Card to a digital wallet by following the instructions in our app. When you are ready to purchase goods or services in a store, open our app to the ‘Card’ tab and follow the instructions in the app to make purchases from retailers up to an estimated spend amount shown in the app. This amount is not guaranteed.
The Clearpay Card can only be used by you. You may be asked to set up a PIN for your use of the Clearpay Card. You must keep your security details, PIN, and the Clearpay Card safe and secure from theft, fraud, and unauthorised use. If your phone or device on which the Clearpay Card is loaded is lost or stolen, please contact us immediately.
Please remember that the Clearpay Card is not your card. It is our card that is generated using our App and linked to the digital wallet on your phone or other electronic device. You are an authorised user of our card. Each time you place an Order in stores, you authorise payment with the Clearpay Card where we pay for the purchase to the retailer, and you repay us in 4 instalments which are set out in a Clearpay Plan.